Commissioner of Agriculture. 17 



COURT OF APPEALS— STATE OF NEW YORK. 



The People of the State of New York, Plaintiff-Appellant, 

 against John S. Biesecker, Defendant-Respondent. 



Statement of Facts. 



This action was begun bj- the Commissioner of Agriculture 

 of the State of New York, for the violation by the defendant of 

 section 27 of chapter 338 of the General Laws passed in 1893 

 and known as the Agricultural Law, as amended by chapter 534 

 of the Laws of 1900. Authority to bring the action is given by 

 section 8, and the penalty sought to be collected is one hundred 

 dollars ($100) imposed by section 37 of the law. 



Section 27 as amended in 1900, prohibits the adulteration of 

 dairy products with animal fats or oils and the manufacture of 

 any oleaginous substance with intent to sell the same as butter 

 or cheese; no person shall solicit orders for the sale of the same, 

 nor sell any such product or substance as a product of the dairy; 

 no person shall coat, powder or color butterine or oleomargarine 

 with annatto, by means of which such oleomargarine shall be 

 made to resemble the product of the dairy; no person shall 

 make, sell, or have for sale, butter that is produced by taking 

 original stock, melting the same and mixing the resultant butter 

 fat with skimmed milk and producing what is commonly called 

 process butter, unless he shall plainly mark it as " renovated 

 butter," and the tub containing such shall have the top and 

 sides marked " renovated butter," with letters at least one inch 

 in length. 



This action was brought for the violation of the remainder 

 of the section which reads as follows: 



" No person shall sell, offer or expose for sale, any butter 

 or other dairy product containing a preservative, but this shall 

 not be construed to prohibit the use of salt in butter or cheese, 

 or spirituous liquors in club or other fancy cheese or sugar in 

 condensed milk. No person or persons, firm, association or cor- 

 poration shall induce or attempt to induce any person or persons 

 to violate any of the provisions of the Agricultural Law. Any 

 person, firm, association or corporation selling, offering or 



